Home > Uncategorized > County served with summons and complaint by courthouse “occupier”

County served with summons and complaint by courthouse “occupier”

[Press Release]

LAWSUIT CHALLENGES ORDINANCE

A lawsuit challenging Humboldt County’s urgency ordinance was filed May 24, 2012 by Janelle Egger with the 9th Circuit Federal Court in San Francisco.  Yesterday afternoon Robin Donald visited the Humboldt County Courthouse and served the summons and Complaint.  Both are members of the Occupy Civil Liberties Working Group.

In her suit, Egger points out that the March 27 ordinance imposed restrictions on the area in front of the courthouse that is a traditional public forum where free speech and assembly are constitutional protected.  The suit asks the Court to declare the ordinance unconstitutional, remove the restrictions from the Humboldt County Code and monitor the planned enactment of a countywide ordinance.  The court filing fees for the suit were provided by the Humboldt Civil Liberties Defense Fund.

Along with other demonstrators, she was arrested by Sheriff’s deputies on April 8th for being present on the Courthouse grounds after 9:30 PM. “We can not allow our government to restrict our right to peacefully exercise our First Amendment rights,” says Egger.

The courthouse grounds have been consistently used as a protest site over the years by such groups as the Veterans for Peace, California Teacher’s Association, the Women in Black, California Nurses Association, the Tea Party and the Buddhist Peace Fellowship.

“There was not a problem until the County and Eureka Police Department decided they were going to impose new rules on Occupy Eureka back in November.”  Egger was active with Occupy Eureka from early November until her arrest.  Since then she has committed her time to restoring First Amendments rights that were restricted under the urgency ordinance.

Egger, who lives in Fortuna with her husband where they raised two children, has lived in Humboldt County since 1973.

Occupy Civil Liberties Working Group sponsored the March 24th Stand Up & Shout Out Forum To Protect and Restore Our First Amendment Rights.

The text of  complaint is available online at:
PACER https://ecf.cand.uscourts.gov/cand/index.html
or at https://docs.google.com/open?id=0B-uTx6HuabZ7M255WldBbjNXLVk

The march 27, 2012 agenda board report is available online at:
https://docs.google.com/open?id=0B-uTx6HuabZ7TmE4UmJTdEl2T3c

[Added note: anyone wishing to contribute to the court costs in this suit may send a check to Humboldt Civil Liberties Defense Fund, P.O. Box 567,
Bayside, CA 95524 –HH]

  1. 2 cents
    June 1, 2012 at 12:01 pm

    Thank you Janelle – make sure we know when to join you in court.

  2. Sista
    June 1, 2012 at 12:05 pm

    Thank you Janelle for taking up this cause. You have long stood on the side of the people and it is a joy to know you are still in the fight.

  3. June 1, 2012 at 12:11 pm

    Janelle is a true patriot!

  4. Courthouse Employee
    June 1, 2012 at 12:14 pm

    I have worked with Janelle and have found her to be a person of impeccable character and integrity. Go Janelle.

  5. David Boyd
    June 1, 2012 at 12:59 pm

    Janelle speaks for many of us who are appalled by the relentless attacks on our civil liberties during the last decade. From Citizen’s United perverting our political process to NDAA and indefinite detention, our democracy is threatened. It’s time to say “enough!” This law suit to roll back the most egregious parts of the County’s Urgency Ordinance is a good start, and needs to be followed by strong opposition to the new expanded protest ordinance now under development.

  6. What Now
    June 1, 2012 at 1:04 pm

    Please give an update on when this will be set for hearing.
    Barring any unforseen emergencies, I’ll cancel my appointments and take the day off to observe.
    Thank you for taking this on, Janelle.

  7. fogbound
    June 1, 2012 at 1:21 pm

    As much as I think the Occupy Eureka group isn’t really doing much good, I have been extremely troubled and concerned by the efforts and opinions of the Police, the City and some segments of teh public who feel that restricting the rights of free speech is acceptable. No one taking a non-violent stance against a government should have their speech infringed upon. Does anyone think that if gun ownership/rights was the issue of debate here that protestors (armed) wouldn’t be on these same grounds protesting with loud and disruptive tactics? Double standards rule the day.

  8. Anonymous
    June 1, 2012 at 1:28 pm

    We can not allow our government to restrict our right to peacefully exercise our First Amendment rights

    I call shenanigans. The government has always imposed restrictions on our right to peacefully assemble. The first amendment isn’t a free license to do anything you want anytime you want.

  9. June 1, 2012 at 2:14 pm

    The government has always imposed restrictions…”.

    Yep. All the county did was say protesters had to stay on the sidewalk. No biggie.

  10. High Finance
    June 1, 2012 at 2:55 pm

    These aren’t “protestors”. To claim that you have to be either; a liar, totally uninformed or a fool.

    This is nothing more than a homeless campground 24hrs a day on the sidewalk in front of the courthouse.

  11. June 1, 2012 at 3:15 pm

    Imposing a curfew has absolutely nothing to do with what was happening in front of the courthouse. The curfew has everything to do with taking away our First Amendment rights.

    You may think that it is alright to slap down someone that you don’t approve of, but what happens when you have something that YOU need to say, and they have taken away that right?

    It’s subtle, sometimes you have to think about it…

  12. Anonymous
    June 1, 2012 at 3:34 pm

    Sorry, have to agree with Hi Fi here. These people finally are enjoying their life a little. They have a purpose, which they don’t all agree on as they are not unified, they have a social life, and they have a place to live that someone else is cleaning up, so they don’t have to keep moving. We are paying for them to use this right (wrongly) as an excuse to hang out together.

  13. Ponder z
    June 1, 2012 at 5:19 pm

    This is nothing more than a homeless campground 24hrs a day on the sidewalk in front of the courthouse.

    Nobody has has their First Amendment infringed. These assholes are a nuisance and a detriment to a good idea. Even The Tea Party will back most issues of the 99%, but not with the “professional protesters” on hand. The police clean house to keep the front of the court house in order, for orderly business ingress and egress.

    End of story, libtards!

  14. Toohey
    June 1, 2012 at 5:51 pm

    I’d go with homeless campground on the sidewalk with ever increasing amounts of junk furniture and little or no speech going on. Just love the gas grill hidden behind some bushes in the Health Departments parking lot. I have no problem with any of it, keeps the tourist traffic moving through and out of town.

    But most importantly it is a visual reminder of what tolerant enlightened beings we are. We really are the good that we seek.

  15. firesidechet
    June 1, 2012 at 9:15 pm

    misplaced altruism.

  16. lumpy swine barn
    June 2, 2012 at 7:31 am

    I drove by there the other day. Two men were sitting in lawn chairs side by side. One had a sign that said: Free Chives and the man next to him had: Eat the Rich.

  17. Dan
    June 2, 2012 at 8:45 am

    “This is nothing more than a homeless campground 24hrs a day on the sidewalk in front of the courthouse.” Ponder z

    These are the poor and needy, they stay
    until our community, our state or the Feds
    behaves responsibly and offers a real
    alternative.

    Aren’t we all just one uninsured medical disaster from
    similar fate?
    Ponder, it is very expensive to sponsor a billionaire class
    the costs of which fall to the poor and middle-class, thus
    campers at the courthouse.

  18. June 2, 2012 at 10:21 am

    Here’s Part 1 of the Forum referred to above:

  19. Anonymous
    June 2, 2012 at 11:25 am

    The remarks of the fellow with the long white beard (the man who is seen pretty much all the time at the court house) were much more powerful when he delivered them at the forum.

    Too bad they were censored out. The words “Fuck the police” and “Fuck the sheriff” have more power than a red rectangle and a sound similar to a whoopie cushion.

    They give a better feel for how one of Occupy Eureka’s main organizers sees law enforcement – as his enemy, whom he truly hates.

  20. Anonymous
    June 2, 2012 at 11:27 am

    I fail to see how trashing the area in front of the courthouse and harassing humboldt county citizens has anything to do with protesting the 1%.

  21. Anonymous
    June 2, 2012 at 11:36 am

    I fail to see how cordoning the area in front of the courthouse and harassing humboldt county protesters has anything to do with protecting the 99%.

  22. June 2, 2012 at 11:49 am

    I fail to see how cordoning the area in front of the courthouse and harassing humboldt county protesters has anything to do with protecting the 99%.

    It’s protecting everybody’s public property from abuse and maintaining order for the 99% of county citizens that use the courthouse for legitimate business.

  23. steak n eggs
    June 2, 2012 at 11:58 am

    Harassing the protesters…really? What a joke. As long as you continue to be clueless of your actions to the local citizens visiting the Courthouse, the County has no choice but to treat you like the immature children you are. Get a clue and find another venue. Pick up your trash before you leave

  24. 2 cents
    June 2, 2012 at 12:00 pm

    Protesting at the county seat is “legitimate business”!
    Good one 11:36.

  25. Mrs Tinkle
    June 2, 2012 at 12:17 pm

    The courthouse grounds have been consistently used as a protest site over the years by such groups as the Veterans for Peace, California Teacher’s Association, the Women in Black, California Nurses Association, the Tea Party and the Buddhist Peace Fellowship.

    Last time I checked, the Teachers Association and the Buddhist Peace Fellowship weren’t pooping in the bushes.

    There are some significant differences between groups that have historically used the courthouse lawn as a protest site and the occupiers that are literally living there.

  26. Highly Mistaken
    June 2, 2012 at 12:25 pm

    This generation belongs to the winners.

    Who’s suing to protecting our rights not to have to look at America’s victims of unparalleled public divestment?

    Ours is the “Big Tent” generation that supported Nixon and Reagan, American patriots who opened U.S. access to foreign child-labor without discrimination between grateful communist and fascist dictators. Many democrats came on-board because they wanted to be winners too!

    If people didn’t like this, the other half of America would register and vote!

    No successful empire in history allowed their victims to sit in front of public courts day and night…they were rightfully jailed as traitors and terrorists because such displays serve the empire’s enemies.

  27. Anonymous
    June 2, 2012 at 12:31 pm

    What would truly serve the empire’s enemies would be a band of clean, sane, organized opponents to the over-reaching empire our nation has become.

    Not a rag-tag band of people who couldn’t organize a picnic, much less a movement to overturn an empire.

  28. June 2, 2012 at 12:35 pm

    I too stand up for our rights but the decision will be made in favor of those who have the most money or the case will be thrown out of Court . There is practically no justice in the Courts anymore .

  29. 2 cents
    June 2, 2012 at 12:45 pm

    The Occupiers aren’t living there – nor were they before the ‘Emergency Ordinance’……some ‘homeless’ (isn’t that easy? One term fits all) persons have attached themselves. The original protestors won’t run them off because the issue of homelessness is evidence of the systemic problem they are protesting. And, they won’t call the police on them (when the ‘crazy’ ‘homeless’ persons agress on THEM) because it’s not their style (too aware of police misconduct, as it’s often aimed at them!). And the police won’t respond when you try anyway. I know – I attempted to get a physically aggressive individual removed on May Day for aggressing on persons demonstrating. Though 2 Sheriffs had been watching the action for a while – when I finally went to get them (pretty much against the group’s wishes) the Sheriffs had disappeared and I was told to call EPD – though what was happening was taking place on the ‘Sheriff’s side’ of the imaginary line drawn down the sidewalk.

    No one wants to live in front of the courthouse, not the protestors, not ‘the homeless’ (they are safer there – they’ve been all over till now, c’mon you all know this!).

    It’s a protest – internationally known now as an ‘Occupy’.
    I think maybe they picked up the name from some things they’ve seen in the news……like Iraq! Afganistan! Palistine! Jesus H. …………………..

  30. 2 cents
    June 2, 2012 at 1:18 pm

    I believe this link will take you to a very interesting chart.
    Why do we need to change some things here?
    Read and weep……..http://ow.ly/i/FjPT

  31. 2 cents
    June 2, 2012 at 1:27 pm

    “What would truly serve the empire’s enemies would be a band of clean, sane, organized opponents to the over-reaching empire our nation has become.” What’s stopping you 12:31?
    Need I remind y’all that Eureka is just one little ‘Occupy’ out of hundreds across the country?
    And the more time some of us ‘clean, sane’ libtards would spend at the courthouse (like maybe as much as we spend bitching on blogs?) the better the Occupy would look and function.

  32. June 2, 2012 at 2:09 pm

    Protesting at the county seat is “legitimate business”!

    Which can still be easily done on the sidewalk in front of the courthouse.

  33. High Finance
    June 2, 2012 at 2:16 pm

    They aren’t protesting squat.

  34. Anonymous
    June 2, 2012 at 2:24 pm

    “They aren’t protesting squat” that HiFi cares about.

  35. Toohey
    June 2, 2012 at 2:44 pm

    Tolerating the excesses of the mentally ill in front of the courthouse is a way we can show the world how just and enlightened we really are. How else could they know?

  36. Anonymous
    June 2, 2012 at 2:53 pm

    Tolerating the free speech of people with whom we disagree, even if we think they’re crazy, is how we demonstrate our fidelity to the constitution and the Bill of Rights specifically.

  37. Just Watchin
    June 2, 2012 at 2:58 pm

    Why don’t some of you progressives……Dan…….invite these people into your homes and give them a jump start on reclaiming their lives ??
    I didn’t think so…….

  38. Anonymous
    June 2, 2012 at 4:18 pm

    I think people pooping on federal buildings is looong overdue.

  39. High Finance
    June 2, 2012 at 4:40 pm

    Toohey and the anonymi at 2,24pm, 2.53pm would sing a different tune if those mentally ill were camped out on the sidewalk in front of their houses.

    Hypocrites.

  40. firesidechet@hotmail.com
    June 2, 2012 at 5:01 pm

    the occupartiers are actually occulosers.wish they would get an occujob,

  41. Dan
    June 2, 2012 at 5:11 pm

    HiFi, that ship sailed with the neo-mussolini
    architecture combined with the county hoosegow.

    Now you say something. Tsk.

  42. Toohey
    June 2, 2012 at 5:13 pm

    We need to have in your face activisim in public spaces so everyone will know how wonderful we are to let it happen, even if poop is involved.

  43. High Finance
    June 3, 2012 at 10:32 am

    “in your face activisim” may make a child feel good for a little while but it is extremly counter-productive.

  44. 2 cents
    June 3, 2012 at 12:13 pm

    Tell it to Ghandi’s ghost, Hi fly.

  45. Toohey
    June 3, 2012 at 12:51 pm

    Yes, I think there even was a scene in that Ghandi movie about poop.

  46. Lee Schmortz
    June 3, 2012 at 1:40 pm

    Tell me again about how this taking over and degrading public spaces supported by the taxes collected from the 99% equates to free speech. Are you occumorons speaking freely the entire time you are there? You must have a lot to say. Also, I thought you were supposed to be occupying the 1%. Shouldn’t your encampment be in front of the Ingomar Club? Or maybe Redwood National Bank? You are degrading my town. Go away.

  47. 2 cents
    June 3, 2012 at 2:25 pm

    Sorry buddy – it isn’t even ‘Arkley’s town’ and it’s sure not ‘yours’! It’s the county seat, deal with it.

  48. Mrs Tinkle
    June 3, 2012 at 8:28 pm

    It’s a county-sanctioned homeless encampment. No amount of arguing will convince me otherwise. I see what goes on there every day.

  49. Anonymous
    June 3, 2012 at 8:40 pm

    ” I see what goes on there every day.”

    What you complain about seeing there everyday is going on more often in more places all the time. They are protesting the cause of the problem, hopefully same as you.

  50. High Finance
    June 3, 2012 at 9:13 pm

    So 2 cents, Toohey and other Anonymouses are now comparing the drug addled homeless squatters defecating on our Courthouse lawn to Ghandi ?

    Have you completley lost your minds ?

  51. Jack Sherman
    June 3, 2012 at 9:54 pm

    It’s always amusing to read the childish “logic” of right-wingers claiming that homeless advocates are “hypocrites” unless they invite the homeless into their own homes or to camp in their yards.

    These are the same right-wing hypocrites that would be first to file a complaint the moment any homeowner attempts to do so!

  52. Anonymous
    June 3, 2012 at 10:08 pm

    “….a rag-tag band of people who couldn’t organize a picnic, much less a movement to overturn an empire…”

    Written by another right wing idiot in-denial of past empires overthrown by the persistent chaos and haphazard riots that began as “rag-tag”, uncoordinated, spontaneous outbreaks of protest and disobedience.

  53. High Finance
    June 4, 2012 at 8:09 am

    The homeless partiers in front of the Courthouse are not protestors.

  54. 2 cents
    June 4, 2012 at 8:42 am

    Nor are they the only persons spending their time there.
    You make me tired and I just got up. Your bitter ranting is…………..just that, and nothing more.

  55. Janelle Egger
    June 4, 2012 at 9:25 am

    Protesting at the county seat is legitimate business. The County, heard from folks like High Finance, over reacted and passed an unconstitutional ordinance.

    I don’t think they were told it was constitutional, I don’t think anyone bothered to check. They can pass any law they wish, and it is law until it is challenged. This is what the the Constitution says: “pass no law… abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”

    Remember, this was an amendment to the Constitution, this issue came up as the states were ratifying the Constitution, it was one of ten that were added as quid-pro-quot for the ratification of the Constitution, which addressed the balance of power between the different branches of Federal government and the balance of power between the state and federal governments.

    It is the courts that have moderated it and given governments the right to pass laws abridging these rights. It is not, however, an unfettered right to pass any old law they want. What the County passed was a Trojan horse health and safety ordinance that included restrictions on our rights in the traditional public forum in front of the courthouse.

    I’ve challenged it. If you want to know why, read it.
    https://docs.google.com/file/d/0B-uTx6HuabZ7M255WldBbjNXLVk/edit

    Civil rights lawyers today are swamped, the 1% have many well paid attorneys. Humboldt Civil Liberties Defense Fund helped with the filing fees. There will be more costs. If you would like to help:

    send a check to:
    Humboldt Civil Liberties Defense Fund
    P.O. Box 567
    Bayside, CA 95524

    send a message to the members of the Board of Sups:
    http://co.humboldt.ca.us/board/

    Plan to be at the Board of Sups meeting when it is on the agenda, right now the County CAO is planning for June 19th.

    Oh yes, interesting discussing re the houseless that are making people feel uncomfortable…

  56. Janelle Egger
    June 4, 2012 at 9:30 am

    2 cents,
    Your May Day experience is not unique, If you are willing to testify email me at janellevhumboldt-summons.yahoo.com.

  57. 2 cents
    June 4, 2012 at 1:41 pm

    Janelle – I switched it to @yahoo.com, but this address is not working for me…..Is there a missing space or something?

  58. Janelle Egger
    June 4, 2012 at 3:06 pm
  59. Boris
    June 6, 2012 at 11:00 am

    New protest law passed in Russia
    “…Under the legislation, people could be fined for taking part in unsanctioned protests, or for violations during sanctioned ones.”
    http://www.bbc.co.uk/news/world-europe-18336097

  60. 2 cents
    June 6, 2012 at 1:23 pm

    It’s a higher fine (by a LOT) than for mishandling nuclear materials too!
    Another out of control Gov…………….

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